Kentucky Health Cabinet Must Grant Ombudsman Access to Abuse Case System

TL/DR –

The Kentucky Cabinet for Health and Family Services has been ordered to give the ombudsman’s office read-only access to the iTWIST system, which stores information about abuse and neglect cases. The ruling came after months of dispute between Kentucky Auditor Allison Ball’s office, now home to the ombudsman, and the Beshear administration. The order was approved by Franklin Circuit Judge Phillip Shepherd, who also stipulated a report on the status of the access must be submitted within five business days.

Kentucky Health and Family Services Cabinet Ordered to Grant Ombudsman Access to iTWIST

Kentucky’s Health and Family Services Cabinet is required to provide read-only access to iTWIST, a system storing child abuse and neglect case information, to the office of the ombudsman, as per an agreement reached under Franklin Circuit Judge Phillip Shepherd’s ruling.

Access must be granted by Sept. 19, and Judge Shepherd requires an access status report within five business days.

The agreement follows a longstanding tussle between Kentucky Auditor Allison Ball’s office, which now houses the ombudsman, and the Beshear administration. On Sept. 4, Shepherd mandated mediation, with retired U.S. Magistrate Judge James D. Moyer accepted as a mediator.

The agreement was signed by the newly appointed Ombudsman, Jonathan Grate, and Eric Friedlander, Secretary of CHFS. The Ombudsman office transitioned from CHFS to Ball’s office on July 1, pursuant to a law legislated last year, Senate Bill 48.

Ball filed a lawsuit in late August, including Gov. Andy Beshear, Friedlander, and Ruth Day, the commonwealth’s chief information officer, seeking access.

As the Ombudsman tasked with resolving complaints about CHFS agencies, Grate is unable to perform without iTWIST access (the Workers’ Information System), Ball previously told lawmakers.

The parties had legal disagreements about iTWIST access rights under Kentucky Revised Statute 620.050. The cabinet argued iTWIST access was confined to cabinet social service officials, while the state auditor’s office stated the ombudsman is covered under the statute, even after moving from the cabinet to the auditor’s office.

Judge Shepherd’s ruling stated that the parties will collaborate on legislation for the 2025 session to address this issue.

James Hatchett, a spokesperson for Beshear’s office, stated, “today’s resolution is similar to many offers made by the cabinet over the last several months to address the situation until the General Assembly can act.” He acknowledged the Ombudsman’s need to access these records, but insisted it should be done according to state law.

CHFS spokesperson Stephanie French also expressed satisfaction with the resolution, stating it enables both CHFS and the ombudsman to comply with the law and pronounced CHFS’ readiness to work with the ombudsman in the legislature, if required.

In a statement, Ball expressed pleasure with the outcome, although she lamented that a lawsuit was necessary to ensure iTWIST access for the ombudsman’s office. She declared, “the agreed order entered by the court today makes sure that the governor and CHFS can no longer stop the ombudsman from accessing iTWIST”.